Nancy Smith is nationally recognized as one of the leading attorneys in the field of innovative contracting and finance for infrastructure project development. She helped pioneer the use of design-build, design-build-operate-maintain and public-private partnership methodologies on projects ranging from airports to joint highway and transit corridors. Ms. Smith represents public agency project owners including state departments of transportation and local transportation agencies, and advises states developing design-build programs.
With a passionate interest in seeing projects through to completion, Ms. Smith guides her clients through the entire project delivery process, from determining appropriate contracting methodologies to contract close-out and warranty enforcement. She has a sophisticated sense of what makes projects successful – gained through of her own experience and high level investigations into innovative contract administration procedures and finance tools in Europe.
Ms. Smith is frequently asked to speak or write about design-build and innovative contracting at key industry conferences and in professional publications.
Representative Work
Alameda Corridor Transportation Authority. Lead attorney for ACTA's $712 million Mid-Corridor Design-Build Project; involved in contract administration and claims avoidance for the entire Alameda Corridor and assisted in project finance.
City of San José - Norman Y. Mineta San José International Airport. Key member of the team assisting the City in negotiating and administering a $500+ million design-build contract for improvements to the Norman Y. Mineta San José International Airport.
Colorado Department of Transportation/Regional Transportation District. Developed procurement and design-build contract documents for the award winning $1.2 billion Transportation Expansion Project (T-REX), the first design-build contract in the U.S. combining major highway and light rail transit elements.
Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies. Providing legal oversight for contracting and procurement issues since 1981. Lead attorney for over $2 billion of design-build contracts and operation and maintenance contracts for toll roads, facilities and systems; ongoing involvement in contract administration, claims avoidance and project finance.
Maryland State Highway Administration – Intercounty Connector (ICC). Assisted in procurement strategy and development of procurement and contract documents for a 19-mile greenfield toll road project through environmentally sensitive areas. The ICC will be developed through multiple design-build contracts, procured using a "best value" selection process.
Metro Gold Line Construction Authority - Gold Line Light Rail Project. Lead attorney for $300 million design-build contracts for the successful development of the Gold Line; involved in contract administration and claims avoidance.
Metropolitan Transit Authority of Harris County, Texas (Houston METRO). Lead outside counsel for the METRO Solutions Phase 2 Program to develop four light rail lines. Her role has included: assistance in risk analysis and strategic planning; development of procurement and contract documents; participation in industry review meetings; negotiation of preliminary contracts with the selected developer; negotiation of implementation agreements with the team members responsible for design, construction, supply of vehicles and operations and maintenance of the project; participation in the finance working group; and interaction with FTA representatives in connection with participation in the Penta P Program. Financial close and notices to proceed with the second phrase are expected in 2009.
New Jersey Transit Corporation – Hudson-Bergen Light Rail Transit Project and River Line Project. Developed the $800 million design-build-operate-maintain contract for the 20-mile Hudson-Bergen LRT project and the $675 million design-build-operate-maintain contract for the first phase of the 34-mile River Line project.
Orange County Transportation Authority - State Route 22 Reconstruction and Widening. Provided special counsel assistance for development of approximately $300 million in improvements to the SR-22 freeway, which includes HOV and auxiliary lanes as well as interchange and connector improvements. Assisted with strategic planning for utility relocations and participated in drafting the design-build contract and utility relocation technical provisions.
Texas Department of Transportation – Trans-Texas Corridor. Assisted the Department in development of the unprecedented 4,000-mile Trans-Texas Corridor and toll road network, including obtaining approvals required from FHWA for use of innovative contracting methodologies.
Utah Department of Transportation – Design-Build and PPPs. Advising the Department on PPP legislation adopted in 2006. Also served as Primary attorney responsible for implementation of UDOT's $1.4 billion design-build-maintain contract for reconstruction of approximately 17 miles of Interstate 15 in Salt Lake City. Currently working on Region 3 Design-Build Program.
Professional Affiliations
Women's Transportation Seminar, Director at Large, Los Angeles Chapter
Transportation Research Board, Member, Committee on Contract Law, Committee on Project Delivery Methods, AFH15
Design-Build Institute of America: Chair of Legislative Committee, Member of Transportation Infrastructure Committee, Co-Chair of 2003 Transportation Conference; Founding Board Member and Legislative Co-Chair of Western Pacific Chapter
American Bar Association, Member, Public Contract Law Section and Forum on the Construction Industry
Awards & Honors
Design-Build Institute of America's 2007 Meritorious Service AwardPresentations
"Public-Private Partnerships Update," Transportation Research Board 2010 Annual Meeting, Washington, DC, January 11, 2010.
"Risk Mitigation in PPPs," 3rd Annual Public Private Partnerships Conference - "A Path Forward for Arizona," Phoenix, AZ, October 22, 2009.
"Project Delivery Systems: PPP Update," Transportation Research Board 48th Annual Workshop on Transportation Law, Denver, CO, July 20, 2009.
"California PPP Authority," The National Council for Public-Private Partnerships (NCPPP) Implementation of Public-Private Partnerships for Transit, San Diego, CA, July 7, 2009.
"Design-Build for Public Entities," County Counsels' Association of California Public Works and Contracts Spring 2009 Study Section Conference, San Diego, CA, May 29, 2009.
"Evaluating Risk Transference in the Current Marketplace" Design-Build Institute of America (DBIA), Design-Build for Transportation Conference, Baltimore, MD, April 3, 2009.
"Statutory and Regulatory Requirements," The National Council for Public-Private Partnerships (NCPPP) Partnerships In Transit, Atlanta, GA, March 25, 2009.
"Overview of SBX2 4," Construction Management Association of America (CMAA) Southern California Chapter Design-Build Seminar, Long Beach, CA, March 6, 2009.
"Minnesota I-35 W St. Anthony Falls Bridge Procurement," Transportation Research Board 88th Annual Meeting, Washington, DC, January 13, 2009.
"DOT Urban Partnership Initiative - Congestion Management, Pricing Zones and Other Solutions," Transportation Research Board 47th Annual Workshop on Transportation Law, San Diego, CA, July 8, 2008.
"Local and National Statutory Perspective," The National Council for Public-Private Partnerships (NCPPP) Partnerships In Transit, Denver, CO, June 12, 2008.
"Risks of Environmental Litigation and Design-Build," Design-Build Institute of America (DBIA), Design-Build for Transportation Conference, Louisville, KY, April 18, 2008.
"Realistic Risk Allocation and Management on Major Transportation Projects: A Frank Debate," Design-Build Institute of America (DBIA), Design-Build for Transportation Conference, Minneapolis, MN, April 18, 2007.
"Risk Allocation / Surety / Insurance Issues," Transportation Research Board, Annual Meeting, Washington, D.C., January 23, 2007.
"PPPs: Legislative Issues," 2006 Mobility 21 Summit, Universal City, CA, October 30, 2006.
"Design-Build vs. Design-Bid-Build: What's Best for Your Project?", Consulting Engineers & Land Surveyors of California (CELSOC), Los Angeles Chapter's monthly luncheon, September 13, 2006.
"Balancing Act: A Point/Counterpoint Debate on Risk Management in the Transportation Sector" and "Design-Build with a Three Party Agreement," Design-Build Institute of America (DBIA), Design-Build for Transportation Conference, Portland, OR, April 5, 2006.
"Focus Up Front: Design-Build Planning," San Francisco County Transportation Authority, Design-Build Conference, San Francisco, CA, October 6, 2005.
"SAFETEA-LU: Innovative Finance," Federal Highway Administration (FHWA), Border Finance Conference, San Antonio, TX, August 16, 2005.
"California Law: Alternative Project Delivery," Alliance for Construction Excellence, The Fundamentals of APDM, San Diego, CA, June 9, 2005.
"Public-Private Partnerships," Women's Transportation Seminar (WTS), Annual Conference, Scottsdale, AZ, May 27, 2005.
"Utility, Right-of-Way and Environmental Risk for Design-Build Transportation Projects," American Association of State Highway and Transportation Officials (AASHTO), Design-Build Task Force, San Diego, CA, May 11, 2005.
Publications
"Road Rules," California Real Estate Journal, June 22, 2009.
"Road Rules," Daily Journal, April 30, 2009.
"Alternative Project Delivery, Procurement, and Contracting Methods for Highway," American Society of Civil Engineers, January 2007.
"FHWA Sends Mixed Signals on Innovative Contracting," Public Works Financing, July/August 2006.
"NCHRP Report 561: Best-Value Procurement Methods for Highway Construction Projects," study prepared for National Cooperative Highways Research Program, 2006.
"Design-Build for Highways, Bridges, Rail, Mass Transit and Airports," chapter in Design-Build in the Public Sector, Aspen Law & Business, 2002.
"How to Structure Complex Projects to Allocate Risks and Minimize Disputes," for the American Bar Association Forum on the construction Industry Fall Meeting, Denver, Colorado, October 2001.
"Design-Build Contracting with State and Local Agencies," chapter in Design-Build Contracting Handbook, Aspen Law and Business, 2001.
"Working on the Railroad: Development of the Alameda Corridor," Public Works Financing, June 1999.
Education
J.D., Yale Law School, 1981
B.A., University of Florida, 1978
Phi Beta Kappa, with high honors
Admitted
California
Texas